Trademarking with Minor Differences
Can you trademark a name with one letter difference from an already existing trademark? The decision is made by the US trademark office. They consider if there is enough difference between the activities of the companies to avoid confusion. Registering domain names with one letter difference can be considered confusingly similar. For example, "goggle.com" targeted Google by taking advantage of user typing mistakes.
In the United States, the trademark owner first applies with the Patent and Trademark Office. Important factors in determining confusion between marks include appearance, sound, and meaning. Trademark law varies internationally. Costs range from $50-$600.
An LLC can have multiple businesses under one company. Structuring depends on the scenario like expanding, restructuring, or adding a new focus area. A company must choose a name different from any other registered in their state. They must register the name in every state where they operate.
You can oppose a EU trademark if the name is confusingly similar. Approach this legally as there are basic rules examiners check regarding similarity. Protection does not depend on capitalization.
Single Letter Trademarks Challenges
Can you trademark a single letter?
A single letter can be registered as a trademark, provided that it is distinctive in relation to the goods and services to which it applies. But enforcing short signs, such as single letter trademarks, is another challenge. In its ruling of 9 November 2022, the EU General Court has provided insight into the enforceability of a trademark comprising a single letter.
Background to the letter trademark dispute
Let us briefly recall the facts of this case. On 10 January 2018, Mr Heinze filed a European trademark for the sign K to cover goods in class 3. According to EUIPO’s view and practice, even if a single letter trademark is registered as a word trademark, its scope of protection is still limited.
Conclusion
By law, you do not request permission to use a trademark belonging to another if it is editorial. Trademark law protects words, phrases, logos, symbols, slogans.
In the USPTO, a single letter is unlikely to achieve distinction. So while possible, it’s not advisable as an investment. Trademark registration allows protecting brand names and logos. A single word must be distinctive and not merely descriptive.
Protecting a single letter can be challenging. Elon Musk rebranding Twitter as X has potential legal implications. Other companies already own X rights. For Twitter, protecting the X trademark is challenging.
Similar Names and Phonetic Equivalents
Can you trademark a name spelled differently? USPTO attorneys consider phonetic equivalents and term meaning.
Can you trademark pronunciation? No. If marks sound identical despite spelling, refusal is likely. Protection limited to application goods, services.
How ensure name not trademarked? Search federal and common law registrations before investing. Same name with different spelling risks infringement claim. Contact attorney.
What if two companies have similar names? Best scenario is holding trademark. Must prove ownership before other business, confusion likelihood.
Steps to Trademark a Name
- Don’t be intimidated.
- Learn to protect brand.
- Register trademark.
- Search database for federal registrations.
Can you trademark single letter? Must show letter distinctive for goods, services. Enforcing short signs difficult. Recent EU ruling provided insights on enforceability.